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PART 5.1 of 10: The Greedy Bastards Club and The Great NonEconomic Civil Rights Depression

By Steve Lombardi

The past few days we've looked the economics of non-economic damages and how having or not having that portion of a lawsuit award, affects a severely injured person. Today let's look at why state politicians believe it's necessary to eliminate the only way for an injured person to establish a quality of life. Alaska is a good example.

http://www.youtube.com/watch?v=KjQdARFopYY

Texas is doing their part to join the Greedy Bastards Club

Texas has legislatively limited civil damage awards for what they claim are non-economic damages. I don't like that term because it mischaracterizes that portion of an award making you believe its money being wasted. It isn't, but that's already been covered so let's today look at why a state like Texas might decide to take away the only avenue a severely disabled person would have to enjoying life. If you listen to tort reformers you'd think that Texas was having a hard time economically. Nothing could be further from the truth. Texans for tort reform talk about how lawsuits are killing the Texas economy but the facts say otherwise. Listen to John W. Davis reporting from KRBC, Abilene, Texas about the state of the Texas economy. Then listen to Texas' Governor rub Arnold Schwarzenegger's face in the dirt.

The Texas Economy Outlook - "Texas is moving full speed ahead."

http://www.youtube.com/watch?v=Pj4q1WbJOx8

Texas real estate markets "are on fire".

http://www.youtube.com/watch?v=0ceGDTBf5vw

Governor Perry on Texas Economic Climate

http://www.youtube.com/watch?v=kincrDwVcVQ

So you have to ask yourself, is it really necessary that Texas limit David Fitzgerald's quality of life damages?

Answer: No.

Are Texans suffering economically?

Answer: No.

Is David Fitzgerald suffering?

Answer: Hell yes.

Why then does Texas limit the economic damages awarded to a man whose legs and arms were amputated; who was awarded damages by a jury after finding the defendants at fault and who no one can argue his situation is one that can only get more miserable. Is it just greed? I think that's the only answer one can give for limiting his damages.

How many of you would, for any amount of money agree to have both arms and both legs amputated?

Answer: No one in their right mind would agree to such a proposition.

Do you think PI lawyers and their clients sit around and dream this stuff up?

Answer: Hell no. We've got too many people coming in the front door asking for help after being injured. Figure it out, it's pretty simple. There aren't too many lawsuits, there are too many injuries. Figure out how to stop people from getting injured and there won't be any need for PI lawyers.

This isn't rocket science you know. Later today let's look at what might be going on in America that forms the basis of all tort reform.

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on May 22, 2009 (boomark / email).